Agenda item

Proposal: Flood Alleviation Scheme including detention basin and swale. New cricket facilities to replace those lost by the scheme (full description available at paragraphs 1.4 and 1.5 of the report).
Location: Thatcham Memorial Playing Fields, Brownsfield Road, Thatcham
Applicant: West Berkshire Council
Recommendation: To delegate to the Development Manager to GRANT PLANNING PERMISSION subject to conditions.

 

1.     The Committee considered a report (Agenda Item 4(2)) concerning Planning Application 23/02187/FULMAJ in respect of a Flood Alleviation Scheme including detention basin and swale. New cricket facilities to replace those lost by the scheme Thatcham Memorial Playing Fields, Brownsfield Road, Thatcham.

2.     Ms Gemma Kirk introduced the report to Members, which took account of all the relevant policy considerations and other material planning considerations. In conclusion the report detailed that the proposal was acceptable in planning terms and officers recommended that the Development Manager be authorised to grant planning permission subject to the conditions outlined in the main and update reports.

3.     The Chairman asked Mr Dowding if he had any highway observations relating to the application. Mr Dowding made no comment.

4.     In accordance with the Council’s Constitution, Mr Simon Pike, Town Council representative, Rosalind Lewis, objector, Mr Brian Woodham, Councillor Iain Cottingham, supporters Mr Brian Cafferkey, agent, addressed the Committee on this application.

Town Council Representation

5.     Mr Pike in addressing the Committee raised the following points:

·         The scheme was the final piece of a larger scheme that would alleviate future flood concerns within Thatcham.

·         Thatcham Town Council supported the principle of the application subject to a number of reservations expressed as objections.

·         The scheme was complex due location in the heart of the town and the multitude of its uses.

·         The Town Council accepted that during construction It would have a negative impact on the area and negatively impact those who use the site.

·         Conditions proposed alleviated reservations. The consultation and planned compensation were addressed outside of the planning process. Support from Town Council was without reservation.

·         Noted the impact of the scheme but looked to the flood risk benefits of the scheme and requested that the Committee approve the application subject to the proposed conditions.

Member Questions to the Town Council

6.     Councillor Mayes queried the status of the other existing sites and Mr Pike explained that they three were under construction, but emphasised he was not sure. Mr Pike advised that the scheme had a different purpose to the others.

Objector Representation

7.     Ms Lewis in addressing the Committee raised the following points:

·         The site could become unsightly and lead to flooding issues if not properly maintained.

Member Questions to the Objector

8.     Members did not have any questions of clarification.

Supporter Representation

9.     Mr Woodham and Councillor Cottingham in addressing the Committee raised the following points:

·         This was not a standalone scheme, and this was the last of the applications.

·         The scheme would help mitigate events such as the 2007 floods.

·         The application would take urban runoff to the river below. To protect properties south of the A4.

• Mr Woodham advised that work must start this month.

 

·         The cricket club supported the application and although the club was due to lose land it was being compensated with new cricket nets.

·         The cricket club raised concerns that not all the tree protective fencing was required.

·         The cricket club would like to be involved in the decision over what fencing is used for the perimeter.

Member Questions to the Supporter

10.  Councillor Cottam queried whether there could be adverse flooding affects from the scheme. Mr Woodham explained that the Council had taken the responsibility for the maintenance regime. The scheme would be registered as a flood asset and the budget was in place to support it.

11.  The Chairman wanted clarification on the acronym SWMP. Mr Woodham advises that it means Surface Water Management Plan.

12.  Councillor Poole pondered the impact on the cricket club. Councillor Cottingham stated that the top end of the cricket field was used by juniors on Fridays, as well as girl’s cricket. Sport England had raised a statutory objection, which had been mitigated through security amendments to the lease. There could be a reduction in junior numbers and revenue however, the benefits of the scheme were recognised.

13.  Councillor Kander asked about the impact on girl’s cricket and Councillor Cottingham stated sessions would need to be rearranged and that Sport England were aware.

14.  Councillor Taylor enquired about the trees on the site and Councillor Cottingham argued that not all of the trees needed to be protected and recognised there would be some loss on the cricket field.

15.  Councillor Poole questioned the impact the loss of land would have. Councillor Cottingham stated that he believed that the ground would still have county status.

16.  Councillor Poole asked whether the recent heavy rainfall had impacted that part of Thatcham. Mr Woodham was seeking answers to this question. He noted Heath Lane scheme was holding water. The rain recently was not of the same scale as 2007.

Applicant/Agent Representation

17.  Mr Cafferkey in addressing the Committee raised the following points:

·         The Surface Water Management Plan comprised of several flood alleviation schemes to mitigate flooding.

·         Many had benefitted due to the schemes already implemented and this application would be the final piece. This would guarantee residents of Thatcham would be protected in the future.

·         The scheme had secured approval and funding from the Environmental Agency.

·         Mr Cafferkey set out the details of the basin.

·         The scheme sought to reduce flooding from two different sources overland flow and flooding from sewers.

·         Benefits included protection of properties, improved water quality of the Kennet and Avon canal, in terms of run-off and an opportunity to increase biodiversity.

Member Questions to the Agent

18.  Councillor Poole asked how the basin disposed of water and Mr Cafferkey explained it was through attenuation and discharged into Thames Water sewer.

Ward Member Representation

19.  Councillor Cottam in addressing the Committee raised the following points:

·         He had lived through the floods of 2007 and the works proposed were vital to prevent such an event from happening again. The need to mitigate the impacts of the scheme, replace the loss of trees and enhance ecology is recognised.

Member Questions to the Ward Member

20.  Councillor Mayes enquired as to whether any of the houses had flooded in the recent floods and Councillor Cottam replied, no.

Member Questions to Officers

21.  Councillor Pemberton asked whether the replacement dog walking site would be comparable to the one lost and wondered whether this could be conditioned. Mr Till stated that the wording of condition 16 could be tightened but it could not be a pre-condition as this would be unreasonable.

22.  Councillor Cottam queried the number of lorry movements that would be created due to construction and how it would be controlled. Mr Gareth Dowding replied that the site would generate around one lorry every 40 to 50 minutes and there would be control on the junction. Control of this would be conditioned.

23.  Councillor Cottam expressed concerns over the loss of trees and Ms Kinderman explained that with the additional planting of the hedges and other trees there would be a net gain in biodiversity. Landscape and Ecological Management condition will control this.

24.  Councillor Poole asked why this scheme was being explored. Ms Kirk advised that the scheme works in tandem, and this is intended to cover an area not covered by other schemes. Mr Till advised the action plan was required to be delivered in its entirety to be effective.

Debate

25.  Councillor Langford opened the debate by arguing that the application was a good scheme, however highlighted the necessity of proper maintenance. 

26.  Councillor Pemberton asserted that the removal of trees and the disruption of the park area was not ideal, however the application was necessary to protect Thatcham.

27.  Councillor Somner proposed to accept Officer’s recommendation and grant planning permission subject to the conditions listed in the main report and update report with the change to condition 16 to state that a similar site would be found. This was seconded by Councillor Pemberton

28.  The Chairman invited Members of the Committee to vote on the proposal by Councillor Somner, seconded by Councillor Pemberton to grant planning permission. At the vote the motion was carried.

RESOLVED that the Development Manager be authorised to grant planning permission subject to the following conditions:

Conditions

 

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

 

2. The development hereby permitted shall be carried out in accordance with the approved plans and documents listed below:

(i) Drawing 2004241-016 P2 (Site Location Plan) received on 22.12.2023;

(ii) Drawing 2004241-001 C (General Arrangement) received on 05.01.2024;

(iii) Drawing 2004241-002 P2 (Red line Boundary) received on 22.12.2023;

(iv) Drawing 2004241-005 (Proposed Earthworks: Cut and Fill Volumes) received on 18.09.2023;

(v) Drawing 2004241-006 A (Tree Removal Plan) received on 18.09.2023;

(vi) Drawing 2004241-007 (Site Cross Sections Sheet 1 of 2) received on 18.09.2023;

(vii) Drawing 2004241-008 (Site Cross Sections Sheet 2 of 2) received on 18.09.2023;

(viii) Drawing 2004241-009 (Bund and Swale: Construction Details Sheet 1 of 4) received on 18.09.2023;

(ix) Drawing 2004241-010 (Bund and Swale: Construction Details Sheet 2 of 4) received on 18.09.2023;

(x) Drawing 2004241-011 (Bund and Swale: Construction Details Sheet 3 of 4) received on 18.09.2023;

(xi) Drawing 2004241-012 (Bund and Swale: Construction Details Sheet 4 of 4) received on 18.09.2023;

(xii) Drawing 2004241-013 (Flow Control Structure Detail) received on 18.09.2023;

(xiii) Drawing 2004421-014 A (Exolum Pipeline Protection Plan) received on 29.11.2023;

(xiv) Drawing 2004241-015 P1 (Pedestrian Footbridge Detail) received on 22.09.2023;

(xv) Drawing 2004241-024 (Relocation of Practice Nets and Artificial Wicket) received on 22.12.2023;

(xvi) Drawing NSTTCC001 (Triple Lane Practice Facility) received on 22.12.2023;

(xvii) Slatter Cricket and Play: Thatcham Town Cricket Club Quotation received on 22.12.2023.

 

Reason: For the avoidance of doubt and in the interest of proper planning.

 

3. The construction of the hereby approved development shall be carried out in accordance with the drawings listed below unless otherwise agreed in writing:

 

(i) Drawing 2004241-020 (Enabling Works: General Arrangement) received on 18.09.2023;

(ii) Drawing 2004241-021 (Enabling Works: Visualisation and Details) received on 18.09.2023;

(iii) Drawing 2004241-022 (Enabling Works: Vehicle Tracking) received on 18.09.2023.

 

Reason: To safeguard the amenity of adjoining land uses and occupiers, and in the interests of highway safety. This condition is applied in accordance with Policies CS13 and CS14 of the West Berkshire Core Strategy 2006-2026, and Policies OVS.5, OVS.6 and TRANS.1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

 

4. No development shall take place (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include the following:

 

(a) Risk assessment of potentially damaging construction activities.

(b) Identification of "biodiversity protection zones".

(c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements) including storage of materials/chemicals and equipment, dust suppression, chemical and/or fuel run-off, noise/visual vibrational impacts

(d) The location and timing of sensitive works to avoid harm to biodiversity features.

(e) The times during construction when specialist ecologists need to be present on site to oversee works.

(f) Responsible persons and lines of communication.

(g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

(h) Use of protective fences, exclusion barriers and warning signs.

 

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

 

Reason: Without appropriate mitigation the application would have an adverse effect on the integrity of the River Kennet, Thatcham Reedbeds and Bowdon & Chamberhouse Woods SSSI. This condition is applied in accordance with the NPPF and Policy CS17 of the West Berkshire Core Strategy 2006-2026. A pre-commencement condition is required because the CEMP will need to be adhered to throughout construction.

 

5. No development shall take place (including site set-up) until a Construction Method Statement (CMS) has been submitted to and approved in writing by the Local Planning Authority. Thereafter the demolition and construction works shall incorporate and be undertaken in accordance with the approved CMS. The CMS shall include measures for:

 

(a) A site set-up plan during the works;

(b) Parking of vehicles of site operatives and visitors;

(c) Loading and unloading of plant and materials;

(d) Storage of plant and materials used in constructing the development;

(e) Erection and maintenance of security hoarding including any decorative displays and/or facilities for public viewing;

(f) Temporary access arrangements in accordance with Drawings 2004241-020 and 2004241-021 to the site including details of bank persons;

(g) Wheel washing facilities;

(h) Measures to control dust, dirt, noise, vibrations, odours, surface water run-off, and pests/vermin during construction;

(i) A scheme for recycling/disposing of waste resulting from demolition and construction works;

(j) Hours of construction and demolition work;

(k) Hours of deliveries and preferred haulage routes;

(l) Measures to manage impact to pedestrians and cyclists

(m) Confirmation staff and contractors will be briefed on UXO Safety Awareness

 

Reason: To safeguard the amenity of adjoining land uses and occupiers, and in the interests of highway safety. This condition is applied in accordance with the National Planning Policy Framework, Policies CS13 and CS14 of the West Berkshire Core Strategy 2006-2026, and Policies OVS.5, OVS.6 and TRANS.1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007). A pre-commencement condition is required because the CMS must be adhered to during all demolition and construction operations.

 

6. No construction site set-up (as indicated by Drawing 2004241-020) shall take place until formalised arrangements for the temporary disabled parking are submitted and approved in writing by the Local Planning Authority. The agreed temporary spaces shall remain for the duration of the construction and removed within a month of the construction access being re-instated to its original use.

 

Readon: To ensure that the healthcare facilities to the south of the site remain accessible during the construction of the development. This policy is applied in accordance with the NPPF and Policies CS13 and CS14 of the West Berkshire Core Strategy 2006-2026. A pre-commencement condition is required as the temporary parking provision is required to be provided during the construction operations.

 

7. No development shall commence until a layout scheme for maximising the potential for incidental extraction where practicable has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details.

 

Reason: To ensure the minimum amount of mineral sterilisation occurs and in accordance with Policy 9 of the Minerals and Waste Local Plan. A pre-commencement condition is necessary, as once the development is built there will be no opportunity to design the scheme so as to maximise the potential for mineral extraction.

 

8. No development shall commence until the following has been submitted to and approved in writing by the Local Planning Authority and thereafter all works for each phase shall be carried out in accordance with the methods agreed throughout the construction period:

 

(a) a method for ensuring that minerals that can be viably recovered during the development are recovered and put to beneficial use;

(b) a method to record the quantity of recovered mineral (for re-use on site or off site) and the reporting of this quantity to the Local Planning Authority.

 

Reason: To ensure the minimum amount of mineral sterilisation occurs and in accordance with Policy 9 of the Minerals and Waste Local Plan. A pre- commencement condition is necessary, as once the development is built there will be no opportunity to design the scheme so as to maximise the potential for mineral extraction.

 

9. 9. Prior to groundworks commencing a Landscape and Ecological Management Plan (LEMP) (also referred to as a Habitat or Biodiversity Management Plan) has been submitted to and be approved in writing by the Local Planning Authority. The content of the LEMP shall include the following:

(a) Details of the landscaping proposed as part of 6.1.2 of the Ecological Assessment by Derek Finnie Associates (August 2023) and two trees to replace those to be felled to accommodate the cricket practice nets. These details shall include species, plant sizes and proposed numbers/densities and an implementation program providing sufficient specifications to ensure successful cultivation of trees, shrub and grass establishment.

(b) A time program to implement the landscaping scheme

(c) Aims and objectives of landscape management.

(d) Appropriate management options for achieving aims and objectives.

(e) Prescriptions for management actions.

(f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).

(g) Details of the body or organization responsible for implementation of the plan.

(h) Ongoing monitoring and remedial measures.

 

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery.

 

The approved plan will be implemented in accordance with the approved details.

 

Reason: To ensure compensation for the trees lost at the site as these have both a visual and ecological benefit The landscaping would also provide ecological enhancement as described in the Ecological Assessment by Derek Finnie Associates (August 2023) and the accompanying Biodiversity New Gain Metric. This condition is applied in accordance with the NPPF and Policies CS14, CS17, CS18 and CS19 of the West Berkshire Core Strategy (20026-2026).

 

10. Prior to groundworks commencing a detailed scheme of landscaping for the site has been submitted to and approved in writing by the Local Planning Authority. The details shall include:

(a) schedules of plants noting species, plant sizes and proposed numbers/densities

(b) an implementation programme providing sufficient specifications to ensure successful cultivation of trees, shrub and grass establishment.

 

All soft landscaping works shall be completed in accordance with the approved soft landscaping scheme within the first planting season following completion of development or first use of the development (whichever occurs first). Any trees, shrubs or plants that die or become seriously damaged within five years of this development shall be replaced in the following year by plants of the same size and species.

 

Reason: Required to safeguard and enhance the character and amenity of the area, to provide ecological, environmental and bio-diversity benefits and to maximise the quality and usability of open spaces within the development, and to enhance its setting within the immediate locality. This is to ensure the implementation of a satisfactory scheme of landscaping in accordance with the NPPF and Policies ADPP1, CS14, CS17, CS18 and CS19 of the West Berkshire Core Strategy 2006- 2026.

 

11. No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority.

 

Reason: To ensure that breeding birds are protected from harm during construction. All British birds, their nests and eggs (with certain limited exceptions) are protected by Section 1 of the Wildlife and Countryside Act 1981, as amended. This condition is applied in accordance with the National Planning Policy Framework, and Policy CS17 of the West Berkshire Core Strategy 2006-2026.

 

12. All tree protective fencing shall be erected in accordance with the submitted plans, reference drawing numbers SJA TPP 22318-041a dated Sept 2023. The protective fencing shall be implemented and retained intact for the duration of the development. Within the fenced area(s), there shall be no excavations, storage or mixing of materials, storage of machinery, parking of vehicles or fires.

 

Reason: Required to safeguard and to enhance the setting within the immediate locality to ensure the protection and retention of existing trees and natural features during the construction phase in accordance with the NPPF and Policies ADPP1, CS14, CS17, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.

 

13. Prior to groundworks commencing the remaining tennis court shall be retained in accordance with Drawing 2004241-023-P1) for the duration of the construction and it shall be agreed with the Local Planning Authority alternative arrangements during construction for the tennis court to be lost.

 

Reason: To ensure that the proposed development does not result in the loss sport facilities. This condition is applied in accordance with the NPPF and Policies CS14 and CS18 of the West Berkshire Core Strategy 2006-2026.

 

14. No construction of the three lane practice nets shall commence until a scheme for the protection of trees to be retained is submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include a plan showing the location of the protective fencing, and shall specify the type of protective fencing. The protective fencing should be as specified at Chapter 6 and detailed in figure 2 of B.S.5837:2012. All such fencing shall be erected prior to works taking place and at least 2 working days notice shall be given to the Local Planning Authority that it has been erected. It shall be maintained and retained for the full duration of works or until such time as agreed in writing with the Local Planning Authority. No activities or storage of materials whatsoever shall take place within the protected areas without the prior written agreement of the Local Planning Authority.

 

Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase in accordance with the National Planning Policy Framework, and Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026.

 

15. Within six months of the construction site set-up commencing the cricket nets and non-turf wicket (as shown on Drawings 2004241-024 and NSTTCC 001B) hereby approved shall have been constructed and brought into use.

 

Reason: To ensure that the proposed development does not result in the loss sport facilities. This condition is applied in accordance with the NPPF and Policies CS14 and CS18 of the West Berkshire Core Strategy 2006-2026.

 

16. Within three months of the completion of the hereby approved development a replacement enclosed dog walking area of a similar quality and size to the existing shall be provided in accordance with details that are first submitted to and agreed in writing by the Local Planning Authority. Details shall include the location, size and boundary treatments for the enclosure.

 

Reason: To ensure that the existing dog walking provision is replaced within one of a similar quality. The dog walking facility forms part of the green infrastructure provision and public amenity at Thatcham Memorial Playing Fields which is required to be protected and enhanced. This condition is applied in accordance with the NPPF and Policies CS14 and CS18 of the West Berkshire Core Strategy 2006-2026.

 

17. Within three months of the removal of the temporary construction road and access hereby approved the children's play equipment indicated to be removed on Drawing 2004241-020 shall be replaced in accordance with details that are first agreed with by the Local Planning Authority. Details shall include the location, type of equipment and any boundary treatments required.

 

Reason: To ensure the children's play area is returned to the site which forms part of the green infrastructure provision at Thatcham Memorial Playing Fields which is required to be protected and enhanced. This condition is applied in accordance with the NPPF and Policy CS18 of the West Berkshire Core Strategy 2006-2026.

 

18. Within three months of the removal of the temporary construction road and access (as shown on Drawing 2004241-020) hereby permitted the existing tennis court to be lost during construction shall be reinstated to a quality at least equivalent (or better) than the current quality. Details of the reinstated tennis court shall be approved in writing by the Local Planning Authority before reinstatement works commence.

 

Reason: To ensure the development would not result in the loss or harm to sport facilities. This condition is applied in accordance with the NPPF and Policies CS14 and CS18 of the West Berkshire Core Strategy 2006-2026.

 

19. Within three months of the removal of the temporary construction compound, road and access (as shown on Drawing 2004241-020) hereby permitted the recreational ground shall be reinstated to a quality at least equivalent (or better) than the current quality.

 

Reason: To ensure the development would not result in the loss or harm to sport facilities and green infrastructure. This condition is applied in accordance with the NPPF and Policies CS14 and CS18 of the West Berkshire Core Strategy (2006-2026).

 

20. Notwithstanding the details submitted, prior to the completion of construction operations or first use of the development (whichever occurs first) details of the proposed footpaths shall be submitted and approved by the Local Planning Authority. These details shall include location, width and materials to be used. The footpaths shall be provided within one month of the completion of construction operations or first use of the development (whichever occurs first).

 

Reason: To ensure that enjoyment of the playing fields and the connectivity it provides for residents to services in Thatcham is not harmfully impacted by the development. This condition is applied in accordance with Policy CS13, CS14 and CS18 of the West Berkshire Core Strategy 2006-2026 and Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

 

21. The new fence hereby approved shall not be installed until details of the fence have first been submitted to and approved in writing by the Local Planning Authority. The details of the fence shall include height, style, and materials. The new fence shall be installed in accordance with these approved details.

 

Reason: To ensure that the proposed fence does not have a harmful impact on the character of the area. This condition is applied in accordance with the National Planning Policy Framework, Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), and the Quality Design SPD.

 

Informatives

 

1 The applicant’s attention is drawn to the fact that above conditions must be complied with in full before any work commences on site, failure to do so may result in enforcement action being instigated.

 

2 Protected Species

Prior to the commencement of this proposal you are reminded that if there is any evidence of Protected Species on the site you must consider the implications of the Wildlife and Countryside Act 1981, the Habitats Regulations 1994 and the Countryside and Rights of Way Act 2000 and comply with any necessary additional regulations and licences. For example, you must avoid taking, damaging or destroying the nest built or being used or egg of any wild bird as this would be an offence (with certain exceptions). You must also not intentionally or recklessly damage, destroy or block access to any habitat used by a protected species, such as bats, dormice, reptiles or any other species as listed in The Conservation of Habitats and Species Regulations 2010, Schedule 2 European Protected Species of Animals. Any licensing requirements are in addition to the requirements for planning permission and subject to a separate process. The following website gives further advice on this matter www.gov.uk/guidance/wildlife-licences

 

3 The above Permission may contain pre-conditions, which require specific matters to be approved by the Local Planning Authority before a specified stage in the development occurs. For example, “Prior to commencement of development written details of the means of enclosure will be submitted to and approved in writing by the Local Planning Authority”. This means that a lawful commencement of the approved development cannot be made until the particular requirements of the pre-condition(s) have been met. A fee is required for an application to discharge conditions.

 

4 This decision has been made in a positive way to foster the delivery of sustainable development having regard to Development Plan policies and available guidance to secure high quality appropriate development. In this application whilst there has been a need to balance conflicting considerations, the local planning authority has worked proactively with the applicant to secure and accept what is considered to be a development which improves the economic, social and environmental conditions of the area.

 

5 Conditions nos. 4-8 impose requirements which must be met prior to commencement of the development. Failure to observe these requirements could result in the Council taking enforcement action, or may invalidate the planning permission and render the whole of the development unlawful.

 

6 Planning permission is hereby granted for the development as shown on the approved drawings. Any variation to the approved scheme may require further permission, and unauthorised variations may lay you open to planning enforcement action. You are advised to seek advice from the Local Planning Authority, before work commences, if you are thinking of introducing any variations to the approved development. Advice should urgently be sought if a problem occurs during approved works, but it is clearly preferable to seek advice at as early a stage as possible.

 

7 You should not undertake any work or activity without first contacting Exolum for advice and, if required, a Works Consent. For a copy of Exolum's Standard Requirements for Crossing or Working in Close Proximity to Exolum Pipelines, please visit https://lsbud.co.uk/wpcontent/uploads/2021/10/lsbud-standard requirement-uk-um.pdf.

 

8 The responsibility and any liability for the safe development of the site rests with the developer and/or landowner. Although the Council has used its best endeavours to determine this application on the basis of the information available to it, this does not mean that the land or adjoining land will necessarily remain free from instability. The Council's consideration has been only on the basis of the development proposed, and these considerations may be different in relation to any other development. The question of stability of adjacent land has been a material planning consideration, and the resolution of this issue for the purposes of granting planning permission does not necessarily imply that the requirements of any other controlling authority would be satisfied and, in particular, the granting of planning permission does not give any warranty for support or stability or against damage of adjoining or nearby properties.

 

9 Your attention is drawn to Section 61 of the Control of Pollution Act 1974, which allows developers and their building contractors to apply for 'prior consent' for noise generating activities during building works. This proactive approach involves assessment of construction working methods to be used and prediction of likely construction noise levels at sensitive positions, with the aim of managing the generation of construction noise using the 'best practicable means' available. You are advised to engage an acoustic consultant experienced in construction noise and vibration assessment and prediction to complete your S.61 application.

 

10 The attention of the applicant is drawn to the requirements of Section 60 of the Control of Pollution Act 1974 in respect of the minimisation of noise on construction and demolition sites. Application under Section 61 of the Act, for prior consent to the works, can be made to West Berkshire Environmental Health. For more information: email ehadvice@westberks.gov.uk, call 01635 519192, or visit http://info.westberks.gov.uk/environmentalhealth.

 

11 Before development commences it is recommended that the applicant checks whether an environmental permit is required from the Environment Agency. More information is available at: https://www.gov.uk/guidance/check-if-you-need-anenvironmental-permit. Alternatively the applicant can call the Environment Agency at: 03708 506 506.